Monday, September 14, 2009

Broadband and Washington

I spent a few days in the belly of the beast last week, yes that is Washington, and I tried to better understand the broadband program. There were a few things I discovered.

First, if one were to logically approach broadband with the steps proposed one would do the following in the order presented:

1. Develop a Broadband Strategy

2. Collect Data on Where Broadband Is and Is Not having an Understanding from the Strategy what One Means by Broadband

3. Deploy Taxpayer Funds in a prudent manner to assist in that deployment.

However the current administration is doing this bassackwards. Namely they are:

1. Trying as quickly as possible to spend Taxpayer Money on Programs of questionable benefit.

2. Commence a measurement process to inventory what is out there.

3. Then via the FCC and its NOI process develop a strategy.

One is then forced to ask what basis is there for spending Taxpayer money if the Strategy is not available until after the money is out the door?

The answer seems to be that the Broadband Program is just a spending program. It is almost the Bernake program of throwing dollar bills from a helicopter. The only difference is that politicians will try and influence the dispersal.

Second, the FCC has issued a bunch of NOIs, Notices of Inquiry. In all my 45 years of looking at this process I have never seen such a collection of questions which have little to do with what the FCC is mandated to do. Yet one must remember that the FCC uses this process to fight off opposition from the DC Federal Appeals Court when litigation comes before them. The FCC need a "body of evidence", namely at least one document with the specific words or numbers which they then use to justify an often pre-ordained answer. Thus the anticipated thousands of replies to the NOIs will be sifter through to see that one justification. It is unlikely that the FCC will do any more than use the ones it need for its already determined answers.

It is only then that the process begins. Namely litigation, and the Federal Appeals Court in DC looks poorly upon almost all FCC dicta.